The Shifting Meaning Of Legal Certainty In Comparative And Transnational Law

The Shifting Meaning Of Legal Certainty In Comparative And Transnational Law Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of The Shifting Meaning Of Legal Certainty In Comparative And Transnational Law book. This book definitely worth reading, it is an incredibly well-written.

The Shifting Meaning of Legal Certainty in Comparative and Transnational Law

Mark Fenwick,Mathias Siems,Stefan Wrbka
The Shifting Meaning of Legal Certainty in Comparative and Transnational Law Book PDF

Author : Mark Fenwick,Mathias Siems,Stefan Wrbka
Publisher : Bloomsbury Publishing
Page : 450 pages
File Size : 50,9 Mb
Release : 2017-09-21
Category : Law
ISBN : 9781509911271

Get Book

The Shifting Meaning of Legal Certainty in Comparative and Transnational Law by Mark Fenwick,Mathias Siems,Stefan Wrbka Pdf

The principle of legal certainty is of fundamental importance for law and society: it has been vital in stabilising normative expectations and in providing a framework for social interaction, as well as defining the scope of individual freedom and political power. Even though it has not always been fully realised, legal certainty has also functioned as a normative ideal that has structured legal debates, both at the national and transnational level. This book presents research from a range of substantive areas regarding the meaning, possibility and desirability of legal certainty in the context of a rapidly changing global society. It aims to address these issues by bringing together scholars from various jurisdictions in order to examine changes in the shifting meaning of legal certainty in a comparative and transnational context. In particular, the book explores some of the tensions that now exist between the conventional expectation of legal certainty and the various challenges associated with regulating highly complex, late modern economies and societies. The book will be of interest to lawyers concerned with understanding the transformation of core rule of law values in the context of contemporary social change, as well as to political scientists and social theorists.

Legal Certainty in a Contemporary Context

Mark Fenwick,Stefan Wrbka
Legal Certainty in a Contemporary Context Book PDF

Author : Mark Fenwick,Stefan Wrbka
Publisher : Springer
Page : 194 pages
File Size : 50,7 Mb
Release : 2016-04-02
Category : Law
ISBN : 9789811001147

Get Book

Legal Certainty in a Contemporary Context by Mark Fenwick,Stefan Wrbka Pdf

This book addresses issues concerning the shifting contemporary meaning of legal certainty. The book focuses on exploring the emerging tensions that exist between the demand for legal certainty and the challenges of regulating complex, late modern societies. The book is divided into two parts: the first part focusing on debates around legal certainty at the national level, with a primary emphasis on criminal law; and the second part focusing on debates at the transnational level, with a primary emphasis on the regulation of transnational commercial transactions. In the context of legal modernity, the principle of legal certainty—the idea that the law must be sufficiently clear to provide those subject to legal norms with the means to regulate their own conduct and to protect against the arbitrary use of public power—has operated as a foundational rule of law value. Even though it has not always been fully realized, legal certainty has functioned as a core value and aspiration that has structured normative debates throughout political modernity, both at a national and international level. In recent decades, however, legal certainty has come under increasing pressure from a number of competing demands that are made of contemporary law, in particular the demand that the law be more flexible and responsive to a social environment characterized by rapid social and technological change. The expectation that the law operates in new transnational contexts and regulates every widening sphere of social life has created a new degree of uncertainty, and this change raises difficult questions regarding both the possibility and desirability of legal certainty. This book compiles, in one edited volume, research from a range of substantive areas of civil and criminal law that shares a common interest in understanding the multi-layered challenges of defining legal certainty in a late modern society. The book will be of interest both to lawyers interested in understanding the transformation of core rule of law values in the context of contemporary social change and to political scientists and social theorists.

OECD Arbitration in Tax Treaty Law

Alicja Majdanska,Laura Turcan
OECD Arbitration in Tax Treaty Law Book PDF

Author : Alicja Majdanska,Laura Turcan
Publisher : Linde Verlag GmbH
Page : 768 pages
File Size : 52,7 Mb
Release : 2018-09-14
Category : Law
ISBN : 9783709409589

Get Book

OECD Arbitration in Tax Treaty Law by Alicja Majdanska,Laura Turcan Pdf

Arbitration: the solution to tackle cross-border tax disputes From the increasing integration of the world economy and the lack of rules to govern the taxation of multinational enterprises to cross-border tax disputes: arbitration is one potential solution. Arbitration is not a new development in the international tax arena, but it has not yet been widely implemented in practice. In the last few years, the concept of arbitration in tax matters was revived, mainly following the OECD/G20 BEPS Project, as well as the EU Action Plan on Corporate Taxation. Now arbitration is expected to play a more significant role and enhance the existing framework of cross-border tax dispute resolution. „OECD Arbitration in Tax Treaty Law” constitutes a comprehensive compendium on international tax arbitration and provides in-depth analysis of all relevant aspects of the topic. The introductory chapters provide background information on tax arbitration and comparisons with other areas of law. The book also takes stock of the recent developments in this area within the OECD, the EU, the UN and the United States. It addresses the main concerns that have been raised with regard to arbitration, and compares and contrasts the design of various arbitration clauses. It also considers potential future developments. This compendium on international tax arbitration shows one way how to tackle the rising tide of cross-border tax disputes.

Private International Law

Franco Ferrari,Diego P. Fernández Arroyo
Private International Law Book PDF

Author : Franco Ferrari,Diego P. Fernández Arroyo
Publisher : Edward Elgar Publishing
Page : 520 pages
File Size : 48,6 Mb
Release : 2019-12-27
Category : Law
ISBN : 9781789906905

Get Book

Private International Law by Franco Ferrari,Diego P. Fernández Arroyo Pdf

Is Private International Law (PIL) still fit to serve its function in today’s global environment? In light of some calls for radical changes to its very foundations, this timely book investigates the ability of PIL to handle contemporary and international problems, and inspires genuine debate on the future of the field.

Emerging Legal Certainty

Volkmar Gessner,Ali Cem Budak
Emerging Legal Certainty Book PDF

Author : Volkmar Gessner,Ali Cem Budak
Publisher : Dartmouth Publishing Company
Page : 488 pages
File Size : 43,5 Mb
Release : 1998
Category : Law
ISBN : UOM:39015046891506

Get Book

Emerging Legal Certainty by Volkmar Gessner,Ali Cem Budak Pdf

This work deals with empirical aspects of what political scientists call patterns of globalization. It builds on social scientific reflections and discussions on globlization processes which converge on the observation that the world is shrinking in terms of economic exchanges and communications.

Predictability in Oil and Gas Investment Agreements

Stanislava Nedeva
Predictability in Oil and Gas Investment Agreements Book PDF

Author : Stanislava Nedeva
Publisher : Edward Elgar Publishing
Page : 289 pages
File Size : 46,7 Mb
Release : 2024-03-14
Category : Law
ISBN : 9781035308309

Get Book

Predictability in Oil and Gas Investment Agreements by Stanislava Nedeva Pdf

This rigorous book explores the opposing investor-state relationship and argues that a stable investment environment is achieved when the rights of both parties are recognised and balanced. Stanislava Nedeva examines how both certainty and predictability can be achieved in oil and gas investment agreements and identifies the ways in which political risks to contractual stability and indirect expropriation can be mitigated.

Human Germline Modification and the Right to Science

Andrea Boggio,Cesare P. R. Romano,Jessica Almqvist
Human Germline Modification and the Right to Science Book PDF

Author : Andrea Boggio,Cesare P. R. Romano,Jessica Almqvist
Publisher : Cambridge University Press
Page : 681 pages
File Size : 55,5 Mb
Release : 2020-01-09
Category : Law
ISBN : 9781108499873

Get Book

Human Germline Modification and the Right to Science by Andrea Boggio,Cesare P. R. Romano,Jessica Almqvist Pdf

A survey of the regulation of human germline genome modification in eighteen countries and the emerging international standards.

Comparative Law

Mathias Siems
Comparative Law Book PDF

Author : Mathias Siems
Publisher : Cambridge University Press
Page : 591 pages
File Size : 49,8 Mb
Release : 2022-03-24
Category : Law
ISBN : 9781108840859

Get Book

Comparative Law by Mathias Siems Pdf

Presents a fresh, contextualised and sophisticated perspective on comparative law for both students and scholars.

Comparative Legal Metrics

Anonim
Comparative Legal Metrics Book PDF

Author : Anonim
Publisher : BRILL
Page : 396 pages
File Size : 40,9 Mb
Release : 2023-08-28
Category : Law
ISBN : 9789004680944

Get Book

Comparative Legal Metrics by Anonim Pdf

The trend of measuring performances is global and pervasive. We all live in quantified societies, in which performances in an ever-growing array of fields–from education to health, work to credit, justice to consumption–are assessed and governed through quantitative techniques. While the disruption brought by the quantitative turn has been widely studied by social scientists, legal research on the issue is minimal. This book aims to fill the gap. The essays herein collected explore how performance measurements interact with the law in different regions and sectors, which legal effects they produce, and for whose benefit.

The Indian Yearbook of Comparative Law 2019

Mathew John,Vishwas H. Devaiah,Pritam Baruah,Moiz Tundawala,Niraj Kumar
The Indian Yearbook of Comparative Law 2019 Book PDF

Author : Mathew John,Vishwas H. Devaiah,Pritam Baruah,Moiz Tundawala,Niraj Kumar
Publisher : Springer Nature
Page : 371 pages
File Size : 48,8 Mb
Release : 2021-07-28
Category : Law
ISBN : 9789811621758

Get Book

The Indian Yearbook of Comparative Law 2019 by Mathew John,Vishwas H. Devaiah,Pritam Baruah,Moiz Tundawala,Niraj Kumar Pdf

This book is a compilation of thematically arranged essays that critically analyze emerging developments, issues, and perspectives in the field of comparative law, especially in the field of comparative constitutional law. The book discusses limits and challenges of comparativism, comparative aspects of arbitral awards, cross-border consumer disputes, online hate speech, authoritarian constitutions, issues related to legal transplants, the indispensability of the idea of the concept of Rechtsstaat, interdisciplinary challenges of comparative environmental law, free exercise of religions, public interest litigation, constitutional interpretation and developments, and sustainable development in model BITs. It comprises seven parts, wherein the first part focuses on general themes of comparative law, the second part discusses private law through a comparative lens, and the third, fourth, and fifth parts examine aspects of public law with special focus on constitutional law, human rights, environmental law, and economic laws. The last part of the book covers recent developments in the field of comparative law. The book intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of law, legal systems, and legal cultures while aiding deliberations on the constituents of an ideal system of law.

Negative Comparative Law

Pierre Legrand
Negative Comparative Law Book PDF

Author : Pierre Legrand
Publisher : Cambridge University Press
Page : 487 pages
File Size : 50,7 Mb
Release : 2022-06-09
Category : Law
ISBN : 9781316511978

Get Book

Negative Comparative Law by Pierre Legrand Pdf

A critical manifesto making the case for a radically alternative approach to the theory and practice of comparative law.

The Principle of Legal Certainty in EC Law

J. Raitio
The Principle of Legal Certainty in EC Law Book PDF

Author : J. Raitio
Publisher : Springer Science & Business Media
Page : 469 pages
File Size : 50,5 Mb
Release : 2013-03-14
Category : Philosophy
ISBN : 9789401703536

Get Book

The Principle of Legal Certainty in EC Law by J. Raitio Pdf

The intertwinement of EC law and national law may create unforeseeability in situations where EC law invades the national cases. This study contributes to the contemporary discussion, which wrestles with questions such as: What have been the visions and objectives for European integration in the last decades? How to describe European Union as a political entity and a legal system? What is the relationship between legal certainty, rule of law, various general principles and human rights?

International Investment Protection and Constitutional Law

Stephan W. Schill,Christian J. Tams
International Investment Protection and Constitutional Law Book PDF

Author : Stephan W. Schill,Christian J. Tams
Publisher : Edward Elgar Publishing
Page : 393 pages
File Size : 40,9 Mb
Release : 2022-11-25
Category : Law
ISBN : 9781839100420

Get Book

International Investment Protection and Constitutional Law by Stephan W. Schill,Christian J. Tams Pdf

This book develops a conceptual framework that captures not only the tensions between constitutional values that are common to liberal democracies – human rights, democracy, and the rule of law – and the investment treaty regime, but also the potential for co-existence and complementarity.

The Cambridge Handbook of Comparative Law

Mathias Siems,Po Jen Yap
The Cambridge Handbook of Comparative Law Book PDF

Author : Mathias Siems,Po Jen Yap
Publisher : Cambridge University Press
Page : 1362 pages
File Size : 49,9 Mb
Release : 2024-01-31
Category : Law
ISBN : 9781108906876

Get Book

The Cambridge Handbook of Comparative Law by Mathias Siems,Po Jen Yap Pdf

Comparative law is a common subject-matter of research and teaching in many universities around the world, and the twenty-first century has aptly been termed 'the era of comparative law'. This Cambridge Handbook of Comparative Law presents a truly global perspective of comparative law today. The contributors are drawn from all parts of the world to provide different perspectives on how we understand the 'law' and how it operates in practice. In substance, the Handbook contains 36 chapters covering a broad range of topics, divided under the following headings: 'Methods of Comparative Law' (Part I), 'Legal Families and Geographical Comparisons' (Part II), 'Central Themes in Comparative Law' (Part III); and 'Comparative Law beyond the State' (Part IV).

Peace, Discontent and Constitutional Law

Martin Belov
Peace Discontent and Constitutional Law Book PDF

Author : Martin Belov
Publisher : Routledge
Page : 270 pages
File Size : 41,6 Mb
Release : 2021-05-23
Category : Law
ISBN : 9781000385274

Get Book

Peace, Discontent and Constitutional Law by Martin Belov Pdf

This book offers a multi-discursive analysis of the constitutional foundations for peaceful coexistence, the constitutional background for discontent and the impact of discontent, and the consequences of conflict and revolution on the constitutional order of a democratic society which may lead to its implosion. It explores the capacity of the constitutional order to serve as a reliable framework for peaceful co-existence while allowing for reasonable and legitimate discontent. It outlines the main factors contributing to rising pressure on constitutional order which may produce an implosion of constitutionalism and constitutional democracy as we have come to know it. The collection presents a wide range of views on the ongoing implosion of the liberal-democratic constitutional consensus which predetermined the constitutional axiology, the institutional design, the constitutional mythology and the functioning of the constitutional orders since the last decades of the 20th century. The constitutional perspective is supplemented with perspectives from financial, EU, labour and social security law, administrative law, migration and religious law. Liberal viewpoints encounter radical democratic and critical legal viewpoints. The work thus allows for a plurality of viewpoints, theoretical preferences and thematic discourses offering a pluralist scientific account of the key challenges to peaceful coexistence within the current constitutional framework. The book provides a valuable resource for academics, researchers and policymakers working in the areas of constitutional law and politics.